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HomeMy WebLinkAboutCC 1 MINUTES 07-06-93 MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF TUSTIN, CALIFORNIA JUNE 21. 1993 Io II. III. IV. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order'by Mayor Potts at 7:15 p.m. at the 'Tustin Area Senior Center, 200 South "C" Street, Tustin, California. The Pledge of Allegiance was led by Councilmember Puckett.' INVOCATION The Invocation was given by Father Timothy McCarthy, St. Cecilia's Catholic Church. ROLL CALL Council Present: Jim Potts, Mayor Thomas R. Saltarelli, Mayor Pro Tem Leslie Anne Pontious Charles E. Puckett Jeffery M. Thomas Council Absent: None City Clerk Wynn: Absent Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Christine Shingleton, Assistant City Manager W. Douglas Franks, Chief of Police Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Rita Westfield, Asst. Dir./Comm. Development Richard Zimmer, Redevelopment Program Manager' Bettie Correa, Senior Personnel Analyst Gary Veeh, Water Operations Manager Doug Anderson, Transportation. Engineer Robert Ruhl, Field Services Manager Dana Ogdon, Senior Planner Randy Westrick, Recreation Supervisor Ed Elowe, Project Manager Becky Stone, Assistant Planner Valerie Whiteman, Chief Deputy City Clerk 'Approximately 20 in the audience PROCLAMATION -' DR. KEITH KAUSLER, ORANGE COUNTY CHIROPRACTIC DOCTOR OF THE YEAR Mayor Potts read and presented a proclamation to Dr. Keith Kausler, who was selected Orange County Chiropractic Doctor of the Year. Dr. Kausler thanked the Council for the proclamation and encouraged the community to donate food on Hope Day. Council Minutes Page 2, 6-21-93 Ve VI. VII. PUBLIC HE~RING 1. PROPOSED ADOPTION OF THE UPDATED EDITION OF THE UNIFOI~ FIRE CODE WITH LOCAL MODIFICATIONS Rick Brown, Building official, reported that staff modified Ordinance No. 1113, and Resolution No. 93-60, to remain consistent with the 1988 Uniform Fire Code, requiring fire sprihklers in residential buildings more than two stories in height, larger than 6,000 square feet, and multi-family buildings with three or more dwelling units. Mayor Potts opened the Public Hearing at 7:15 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Thomas, seconded by Saltarelli, to adopt the' following Resolution No. 93-60 setting forth findings in conformance with State law for certain local modifications and changes to the uniform Fire Code: RESOLUTION NO. 93-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF TUSTIN WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE UNIFORM FIRE CODE REASONABLY NECESSARY'FOR HOUSING OCCUPANCIES Motion carried 5-0. It was moved by Thomas, seconded by Potts, that Ordinance No. 1113 have first readingby title only. Motion carried 5-0. Following first reading by title only of Ordinance N°. 1113 by the Chief Deputy City Clerk, it was moved by .Puckett, seconded by Saltarelli, that the following Ordinance No. 1113 be introduced: ORDINANCE NO. 1113 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SPECIFIC SECTIONS OF ARTICLE 5 OF THE TUSTIN CITY CODE AND ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1991 EDITION, WITH APPENDICES AND THE UNIFORM FIRE CODE STANDARDS, 1991 EDITION, WITH AMENDMENTS THERETO AS THE FIRE PROTECTION REGULATIONS OF THE CITY OF TUSTIN Motion carried 5-0. PUBLIC INPUT - None CONSENT CALENDAI~ Items No. 11 and 12 were removed.from the Consent Calendar by Mayor Potts and Mayor Pro Tem Saltarelli. It was moved by -Pontious, seconded bY Thomas, to approve the remainder of the Consent Calendar as recommended by staff. Motion carried 5-0. Council Minutes Page 3, 6-21-93 Mayor Pro Tem Saltarelli announced he would abstain on Consent Calendar Item No. 5, Rejection of Claim No. 93-12. APPROVaL OF MINUTES - JUNE 7, 1993 REGULAR MEETING Recommendation: Approve the City Council Minutes of June 7, 1993. APPROVAL OF DEMANDS ~ND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the $2,271,516.03 and ratify Payroll in the $306,231.13. amount of amount of INITIATION OF ~NDERGROUND~TILITY DISTRICT ReCommendation: Approve the acceleration of the Red Hill Avenue undergrounding project between Copperfield Drive and the I-5 Freeway, and direct staff to commence the' proceedings to initiate an Underground Utility District as recommended by the Public Works Department/Engineering Division. · AUTHORIZATION TO CONTINUE OPERATION FOR FISCAL YEAR 1993-94 Recommendation: Authorize the City Manager to continue fiscal operations for 1993-94 at an appropriation level not to exceed that of 1992-93 until such time as the budget process can be.completed as recommended by the Finance Department. REJECTION OF CLAIM NO. 93-12 - CLAIMANT, VERNELL CHAPLIN; DATE OF LOSS, 10/17/92; DATE FILED WITH CITY, 4/26/93 Recommendation: Reject subject claim for personal injury damages in the amount of $20,000.00 as recommended by the City Attorney. CITY OF TUSTINMEASURE M ANNUAL PROGRAM COMPLIANCE Recommendation: In order to maintain eligibility for the Measure M Programs, it is recommended that the city Council take the following actions' in compliance with Measure M requirements as recommended by the Public Works Department/Engineering Division: a. Adopt the following Resolution No. 93-57 certifying the City of Tustin's Pavement Management Plah: RESOLUTION NO. 93-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE LOCAL PAVEMENT MANAGEMENT PLAN OF THE CITY OF TUSTIN b. Adopt the proposed Congestion Management and Measure M Seven Year Capital Improvement Program (Fiscal Year 1993-94 through Fiscal Year 1999-2000). c. Adopt the following Resolution No. 93-58 which adopts a Measure M Development Mitigation Program and a Measure M Development Phasing and Annual Monitoring Program in compliance with the City's Growth Management Element and Council Minutes Page 4, .6-21-93 the County-wide provisions of Measure M's County-wide Growth Management Program: RESOLUTION NO. 93-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A MEASUREM DEVELOPMENT MITIGATION PROGRAM AND A MEASURE M DEVELOPMENT PHASING AND ANNUAL MONITORING PROGRAM IN COMPLIANCE WITH THE 'CITY OF TUSTiN GROWTH MANAGEMENT ELEMENT AND THE COUNTY-WIDE PROVISIONS OF ~4EAS~ M'S ' COUNTY-WIDE GROWTH MANAGEMENT PROGRAM d. Authorize the Public Works Director/City Engineer to submit the City of Tustin's Measure M eligibility package, including certification of the City's Maintenance of Effort and the City's Pavement Management Plan to the Orange County Transportation Authority. · 7. AWARD OF 'CONTRACT FOR THE STREET REHABILITATION OF WARNER AVENUE BETWEEN SR-55 FREEWAY AND RED HILL AVENUE Recommendation: (1) Award the contract to R.J. Noble Company, Orange, in the amount of $144,786.60 for subject project and (2) Adopt the following ResolutiOn No. 93-59 requesting the County of Orange to allocate Arterial Highway Financing Program (AHFP) funds in the amount of $65,153.97, which represents 90% of AHFP. share of construction for subject project as recommended by the Public Works Department/Engineering Division: RESOLUTION NO. 93-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO ALLOCATEARTERIAL HIGHWAY FINANCING PROGRAM FUNDS FOR STREET REHABILITATION OF WARNER AVENUE BETWEEN SR-55 FREEWAYANDRED HILL AVENUE 8. AWARD OF CONTRACT FOR WATER MAIN REPLACEMENT ON NEWPORT AVENUE, PHASE ONE, BETWEEN WALNUT AVENUE AND KENYON AVENUE Recommendation: Award the contract to Noriega Pipeline, Rancho Cucamonga, in the amount of $167,281.50 for subject project as recommended by the Public Works Department/ Engineering Division. 9. RESOLUTION NO. 93-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ~DJUSTMENT NO. 93-5 Recommendation: Adopt Resolution No. 93-54'approving Lot Line Adjustment No. 93-5 as recommended by the Public Works.. Department/Engineering Division, 10. RESOLUTION NO. 93-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR WATER MAIN REPLACEMENT ON MOUNTAIN VIEW DRIVE, "A" STREET, AND IRVINE BOULEVARD Recommendation: Adopt Resolution No. 93-66 approving the plans and specifications for subject project and directing the City Clerk to advertise for bids as recommended by the Public Works Department/Engineering Division. Council Minutes Page 5, 6-21-93· VIII. 13. SALE OF SURPLUS EQUIPMENT Recommendation: Receive and file notice of sale of surplus vehicles as recommended by the Public Works Department/Field Services Division. 14. uNIFORM RENTALAND L~UNDRY sERVICE CONTRACT BID kecommendation:- Authorize staff to solicit bids for a new uniform rental and laundry service contract as recommended by the Public Works Department/Field Services Division. 15. 1993-94 ANIMAL CONTROL CONTRACT Recommendation: Approve an agreement with the County of Orange for fiscal year 1993-94 animal control services as recommended by the City Manager. CONSENT CALENDAR ITEM NO, 11 - PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING ENGINEERING SERVICES ON THE NEWPORT AVENUE/SR-5$ INTERCHANGE RECONFIGURATION PROJECT Mayor Ports announced that staff requested this item be re- agendized at a future meeting. Council concurred. CONSENT CALENDAR ITEM NO. 12 - RESOLUTION NO. 93-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REVISING THE PERSONNEL RULES AND REGULATIONS OF THE CITY OF TUSTIN Mayor Pro Tem Saltarelli stated he had requested language modification to the notice provision, lay-off policy, and inclusion of a non-liability subsection to Exhibit A. He said these modifications, should lay-offs be necessary, would provide priority for reemployment to those employees who provided current addresses, and the City would incur no liability 'from the reemployment process. Council/staff discussion followed regarding approval of proposed language modifications by the Tustin Municipal Employees Association. It was moved by Saltarelli, seconded by Puckett, to adopt Resolution No. 93-65 revising Personnel Rules and Regulations to include the layoff procedure agreed upon by the City and Tustin Municipal Employees Association with language amendments subject to Tustin Municipal Employees Association's approval. Motion carried 5-0. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 1112, REVISING APPLICATION REQUIREMENTS PERTAINING TO SOLICITATION ACTIVITIES WITHIN THE CITY Dana Ogdon, Senior Planner, reported that the Tustin City Code required businesses to pay a business license tax prior to operating in the City; however, non-profit organizations Council Minutes Page 6, 6-21-93 soliciting donations for charitable purposes were exempt from paying the tax. He stated the city Attorney recently determined that the City's Charitable Solicitation permit procedures required revision to conform with current law. Council/staff discussion followed regarding types of solicitations, such as door-to-door and outside supermarkets, that would be effected. It was moved by Thomas, seconded by pontious, that Ordinance No.,ll12 have first reading by title only. Motion carried 5-0. Following first reading by title only of Ordinance No. 1112 by the Chief Deputy city Clerk, it was moved by Pontious, seconded by Thomas, that the following Ordinance No. 1112 be introduced: ORDINANCE NO. l~Z - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICT~ 20FTHE TUSTIN CITY CODE TOREVISETHEAPPLICATIONREQUIREMENTS FOR A PERMIT TO SOLICIT DONATIONS FOR CHARITABLE PURPOSES WITHIN THEcITY Motion carried 5-0. IX. ORDINANCES FOR ADOPTION - None X. OLD BUSINESS 1. SPORTS PARK FINANCING OPTIONS William Huston, city Manager, reported Council had directed that design plans for the sports complex be completed; bid documents contain options for completing the project in one or two phases; and submittal of proposed project financing. He stated the total estimated cost for the project was $3,661,559.00 including design fees, project administration fees, and 50 percent plan check completion estimation. .ProjeCtions for the 1992-93 budget and the draft 1993-94 budget revealed the following sources could be appropriated to cover the total estimated cost of the project: Park Development Fund, $812,523.00; New Development Fees, $430,000.00; Equipment Replacement Fund, $250,000.00; and Capital Projects Fund, $569,036.00. He noted that staff believed it would not be cost-effective to use debt financing as a source of funding for this project. Mayor Potts commended Mayor Pro T~m Saltarelli's suggestion to investigate alternative financing to expedite, c6nstruction of this project, and staff's creativity in presenting the financing alternatives. He stated that the project bid as one phase would be less expensive for the City. William Huston, City Manager, stated that the operating plan for the park would be presented to Council at the time the project went out for bid. He explained the park's expected operating 'deficit and the anticipated minimal savings to the City by completing the project in two phases. council Minutes p~u~e 7, 6-21-93 Council/staff discussion followed regarding cost savings by privatizing park maintenance; impact of using the Park Development Fund for future park development and alternative financing plans; unaffected normal maintenance of parks; park repairs/enhancements funded by Capital Projects Fund; maintenance revenue expected from the sports park; and one-phase cost savings. It was mbved by Saltarelli, seconded by Puckett, that in addition to $1,600,000 currently allocated in the 1992-93 budget, the city Council appropriate the following funds for the sports complex project: Capital Projects Fund - $569,036; Park Development Fund - $812,523; Equipment Replacement Fund - $250,000; 1993-94 and 1994-95 New Development Fees - $430,000. Motion carried 5-0. XI. NEW BUSINESS CITY STATEHENT OF COI41~ITI4~ENT TO STUDY AIR QUALITY IHPLEHENTATION ACTIONS Dana Ogdon, Senior Planner, reported .t~..at the Cali~o~i~ ~i~ Resources Board had given the. Air Quality Management uistr~c~ (AQMD) a June 30, 1993 deadline to have an enforceable plan guaranteeing local agency implementation of the 1991 Air Quality Management Plan's Transportation Control. ~e~s~re~. governments had been ask?d to asses} t_h. D~snrzct and transmitting a commztment to zmplement some or measures. He stated that because of the economic recession facing tbe State, it may not be fiscally prudent to implement Transportation Control Measures (TC~s).not adopted by neighboring communities, which could discourage businesses from locating to or'operating in the city of Tustin. The city had implemented several trip-reducing actions since 1990 and the City's trip reduction performance was estimated to be approximately 50 percent. He said staff recommended forwarding a letter to the South Coast Air Quality Management District stating the city's commitment to study a variety of possible actions toward regional air quality improvement. William Huston, City Manager, stated that the majority of Orange County cities supported the commitment to study actions, toward air quality improvement and would advise'AQMD Of that approach.' · . ¢ouncilmember Thomas noted that Southern California ~ssociation of Goverr~nents supported commitment to study actions toward air quality improvement, and questioned whether implementation of the City's modified work week bad affected the TC~s. William Huston, City Manager, responded that the modified schedule for the Police Department had been submitted to the AQMD; however, because City Hall was still at an interim location, that modified schedule would be submitted upon return to the permanent location. Council Minutes Page 8, 6-21-93 Council/staff discussion followed regarding modified work schedule increasing the number of trip reductions; and the City's policy to not enforce Rule 15 business plans due to administrative costs. It was moved by puckett, seconded by T-homas, to authorize the City Manager to forward a letter to the South Coast Air Quality Management District indicating the City of'Tustin's"commitment to.' study a variety of possible implementation actions designed to make a 'fair share contribution toward regional air quality improvement. Motion carried 5-0. council/staff discussion followed regarding electric cars, status report on the Urban Rail Program/Metro Link System, alternate fuel test program for City vehicles, and recommended use for AB 2766 vehicle registration funds. Z. SENATE BILL 583 Rita Westfield, Assistant Community Development Director, reported that the Tustin Pride Graffiti Sub-Committee had investigated Senate Bill' 583, sponsored by Senator John Lewis. If approved, the bill would set stringent guidelines and punishments for any person caught vandalizing property by graffiti or tagging. She' summarized various punishments including restriction of drivers' license/permit issuance until the age of 18; minimum of 40 hours of community service for the first offense and a maximum of 80 hours for subsequent offenses; and parental involvement in community service ~nd restitution. Mayor Potts expressed concern that the bill may restrict local judges' abilities to impose additional community service hours. William Huston, city Manager, said that due to legislative time constraints, he suggested that if the Council supported Senate Bill 583, to contact Senator Lewis and request that the bill be amended to allow judges more flexibility in assigning community service hours. Council/staff discussion followed regarding cooperation between school districts, cities, and law enforcement a~encies in the county to alleviate graffiti;-and forwarding-a letter to Senator Lewis requesting a proVision that the bill not preempt local ordinances. ' It was moved by Thomas, seconded by Pontious, to support efforts of the Tustin Pride Graffiti Sub-Committee to discourage graffiti vandalism by adopting the following Resolution No. 93-62, and request that Senate Bill 583 not restrict judges' flexibility in assigning community service hours: Council Minutes Page 9, 6-21-93 RESOLUTION NO. 95-$2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, STATING THE COUNCIL'S SUPPORT OF SENATE BILL 583, THE ANTI-GRAFFiTI BILL Rita Westfield, Assistant Director of Community Development, introduced Ken Royal, Graffiti Sub-Committee Chairperson. Councilmember Puckett commended Ken Royal and the Sub-Committee volunteers for their time and effort on a worthy cause. Motion carried 5-0. 3. ~ND~ENT TO AGREEMENT BETWEEN Old. GE COUNTY WATER DISTRICT CITY OF TUSTIN FOR CONSTRUCTION, OPERATION AND ACQUISITION OF GROUNDWATER DESALTER PROJECT It was moved by Thomas, seconded by Pontious, to agendize this item. . Motion carried 5-0. Gary Veeh, Water Operations Manager, reported that in February 1992, t-he City entered into an agreement with the Orange County Water District (OCWD) for construction of a groundwater desalter. The agreement provided that OCWD would fund and construct the desalter and the City would repay OCWD over an eleven year period at 7 percent interest. He said 0CWD had applied to the State Water Resources Control Board for a low interest Water' Reclamation Loan Program (WRLP) loan. In order to be eligible for the .WRLP loan, OCWD must charge the City the same interest rate paid to the State and the subject agreement would allow for an adjustment to the interest rate contained in the original agreement with OCWD. It was moved by Pontious, seconded by Puckett, to approve the Amendment to Agreement between Orange County Water District and City of Tustin for Construction, Operation and Acquisition of a Groundwater Desalter Project, subject to City Attorney approval. Motion carried 5-0. XII. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - JUNE 14, 1993 It was moved by Pontious, seconded-by Puckett, to ratify the planning commission A~tion Agenda of June 14, 1993. . Motion carried 5-0. CROSSING GUARD STUDY AT THE INTERSECTION OF BRYAN AVENUE AND BROWNING AVENUE It was moved by Pontious, seconded by Puckett, to receive and file subject report. Motion carried 5-0. Council Minutes Page 10, 6-21-93 AIRPORT STATUS REPORT It was moved by Pontious, seconded by Puckett, to receive and file subject report. Motion carried 5-0. XIII. PUBLIC INPUT 1. "PAINT OUT" GRAFFITI - JUNE 26, 1993 Ken Royal, Graffiti Sub-Committee Chairperson, reported "paint out" graffiti volunteers would meet on June 26, 1993, at Field Services Yard; and stated the Task Force's support of Senator Lewis' Senate Bill 583. Mayor Potts reported on graffiti prevention programs utilized by the City of Moreno Valley'and encouraged the Graffiti Sub-' Committee to contact them; and stressed the importance of the Early Drug and Gang Education program as a tool for anti- graffiti education. XIV. OTHER BUSINESS 1. COSMOPOLITAN APARTMENT UPDATE Councilmember Pontious requested an Cosmopolitan Apartment property status. update on the "FISCAL IMPACT" SPECIFY SOURCE OF FUNDS Mayor Pro Tem Saltarelli requested that "Fiscal Impact" portion of staff reports specify source of funding that would be utilized. SHAKE ROOFS Councilmember Thomas requested agendizing at July 6, 1993 Council meeting discussion of shake roofs. 4. TOWN HALL MEETING AND COUNCIL PLANNING SESSION Councilmember Thomas requested agendizing at the July 6, 1993 Council meeting setting dates for the next To~nHall meeting and City Council planning session. 5. - TUSTIN HIGH SCHOOL BASEBALL TEAM - CIF CHAMPIONSHIP Councilmember Puckett commended Tustin High School Baseball Team for achieving CIF Championship and read a proclamation he would present later to the team. 6. ZONING ADMINISTRATOR Mayor Potts requested agendizing subject of zoning administrator granting minor conditional use permits without Planning Commission approval. Council Minutes Page 11, 6-21-93 7. BICYCLE TRAILS Mayor Potts requested Council forward a letter toT he Irvine Company requesting status update on bicycle trails. Christine Shingleton, Assistant City Manager, responded that the letter was at the County level and staff would request expeditin~ the matter. 8. ASSESSMENT DISTRICT DELINQUENCIES Mayor Pro Tem Saltarelli requested report at July 6, 1993 Council meeting on assessment districts, delinquencies. INCENTIVE PROGRAM - APARTMENT INSTALLATION OF FIRE SPRINKLERS Mayor Potts requested staff investigate an incentive program' to encourage apartment owners to install fire sprinklers in their property; questioned if a Redevelopment Agency program for installation of fire sprinklers in high risk apartment buildings was feasible; and requested the information be included with the shake roof report. CLOSED SESSION Mayor Potts announced the City Council would recess to Closed Session to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54967.6; and pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with Case Swayne Company concerning the purchase of the property located at 1021 East Edinger, Tustin. ADJOURNMENT Mayor Potts adjourned the meeting at 8:20 p.m. The City Council had scheduled a budget workshop on July 6, 1993, 5:30 p.m., at the Tustin Area Senior Center; and the next regular meeting of the City Council was scheduled for Tuesday, July 6, 1993, 7:00 p.m., at the Tustin Area Senior Center. JIM POTTS, MAYOR MARY E. WYNN, CITY CLERK